[Federal Register Volume 59, Number 232 (Monday, December 5, 1994)]
[Unknown Section]
[Page 0]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-29828]


[[Page Unknown]]

[Federal Register: December 5, 1994]


                                                   VOL. 59, NO. 232

                                           Monday, December 5, 1994

OFFICE OF PERSONNEL MANAGEMENT

5 CFR Parts 300, 550, 752, 771, 831, and 842

RIN 3206-AG37

 

Agency Administrative Grievance System

AGENCY: Office of Personnel Management.

ACTION: Proposed rule.

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SUMMARY: The U.S. Office of Personnel Management (OPM) is proposing to 
abolish regulations at 5 CFR Part 771 on the agency administrative 
grievance system (AGS). This change would implement a human resources 
management recommendation under Vice President Al Gore's National 
Performance Review (NPR). This change also would be consistent with 
OPM's initiative under the NPR to sunset the Federal Personnel Manual 
(FPM), which included abolishing FPM Chapter 771 on the AGS as of 
December 31, 1993.

DATES: Comments must be received on or before January 4, 1995.

ADDRESSES: Written comments may be sent or delivered to Marjorie A. 
Marks, Chief, Family Programs and Employee Relations Division, Office 
of Labor Relations and Workforce Performance, U.S. Office of Personnel 
Management, Room 7412, 1900 E Street NW, Washington D.C. 20415.

FOR FURTHER INFORMATION CONTACT:
Gary D. Wahlert (202) 606-2920.

SUPPLEMENTARY INFORMATION: The National Performance Review was issued 
on September 7, 1993. Appendix C to the NPR is entitled Major 
Recommendations Affecting Governmental Systems and includes a number of 
recommendations concerning reinvention of human resources management. 
One recommendation, HRM08, stated that agencies should ``improve 
processes and procedures established to provide workplace due process 
for employees'' and elaborated that ``[a]ll agencies should establish 
alternative dispute resolution methods and options for informal 
disposition of employment disputes.'' Among other things, the 
recommendation specifies that ``[t]he Director of the Office of 
Personnel Management (OPM) should eliminate by December 1994, all 
regulations governing internal agency grievance and appeal procedures, 
thus freeing agencies to tailor ADR [or alternative dispute resolution] 
techniques to various situations.''.
    The proposed abolishment of the AGS regulations does not preclude 
agencies from continuing their AGS procedures established under Part 
771 to resolve workplace disputes. It merely means that the mandatory 
requirement for such procedures would cease to exist. Thus, agencies 
would be free to continue their AGS procedures, modify them, or 
eliminate them depending on the needs of their organizations. As 
suggested by the NPR, agencies could take the opportunity to use ADR 
techniques in helping resolve disputes in the workplace. Tried and 
proven techniques such as mediation and facilitation, to name only two 
of many possibilities, may be used in this regard. In addition, 
elimination of the restrictions contained in the current regulations 
affords agencies even more flexibility to design and operate 
appropriate workplace dispute resolution procedures. OPM's Office of 
Labor Relations and Workforce Performance will be available upon 
request to assist agencies in exercising their new flexibility in this 
important area of human resources management. In this role, OPM 
endorses and is guided by the NPR which states that ``[w]orkplace 
problems which are not resolved in a timely and sensitive way impair 
productivity and morale and impede mission accomplishment.''

Conforming Amendments

    OPM also proposes to delete references to Part 771 as they appear 
elsewhere in title 5 of the Code of Federal Regulations. In those 
cases, the languages would be modified to refer generically to 
``administrative'' grievances or grievance systems to reflect the fact 
that agencies may have administrative grievance systems even though 
they would no longer technically be established under Part 771, i.e., 5 
CFR 300.104(c)(2), 550.803, 752.203(f), 831.204(e)(2), and 
842.106(e)(2). Likewise, other current references to ``administrative'' 
grievances in title 5 (and not also referring to Part 771) would remain 
unchanged, i.e., 5 CFR 511.607(a)(1) and 550.804(b)(1).

Executive Order 12866, Regulatory Review

    This rule has been reviewed by the Office of Management and Budget 
in accordance with Executive Order 12866.

Regulatory Flexibility Act

    I certify that this regulation will not have a significant economic 
impact on a substantial number of small entities because it applies 
only to Federal employees.

List of Subjects

5 CFR Part 300

    Freedom of information, Government employees, Reporting and 
recordkeeping requirements, Selective Service System.

5 CFR Part 550

    Administrative practice and procedure, Claims, Government 
employees, Wages.

5 CFR Part 752

    Administrative practice and procedure, Government employees.

5 CFR Part 771

    Administrative practice and procedure, Government employees.

5 CFR Part 831

    Administrative practice and procedure, Alimony, Claims, Disability 
benefits, Firefighters, Government employees, Income taxes, 
Intergovernmental relations, Law enforcement officers, Pensions, 
Reporting and recordkeeping requirements, Retirement.

5 CFR Part 842

    Air traffic controllers, Alimony, Firefighters, Government 
employees, Law enforcement officers, Pensions, Retirement.

U.S. Office of Personnel Management.
James B. King,
Director.

    Accordingly, OPM proposes to amend title 5 of the Code of Federal 
Regulations as follows:

PART 300--EMPLOYMENT (GENERAL)

    1. The Authority citation for part 300 continues to read as 
follows:

    Authority: 5 U.S.C. 552, 3301, and 3302; E.O. 10577, 3 CFR 1954-
1958 Comp., page 218, unless otherwise noted.

    Secs. 300.101 through 300.104 also issued under 5 U.S.C. 7201, 
7204, and 7701; E.O. 11478, 3 CFR 1966-1970 Comp., page 803.
    Secs. 300.401 through 300.408 also issued under 5 U.S.C. 
1302(c), 2301, and 2302.
    Secs. 300.501 through 300.507 also issued under 5 U.S.C. 
1103(a)(5).
    Sec. 300.603 also issued under 5 U.S.C. 1104.

    2. In Sec. 300.104, paragraph (c)(2) is revised to read as follows:


Sec. 300.104  Appeals, grievances and complaints.

* * * * *
    (c) * * *
    (2) Except as provided in paragraph (c)(1) of this section, an 
employee may file a grievance with an agency when he or she believes 
that an employment practice which was applied to him or her and which 
is administered or required by the agency violates a basic requirement 
in Sec. 300.103. The grievance shall be filed and processed under an 
agency grievance system, if applicable, or a negotiated grievance 
system as applicable.

PART 550--PAY ADMINISTRATION (GENERAL)

Subpart H--Back Pay

    3. The authority citation for subpart H of part 550 continues to 
read as follows:

    Authority: 5 U.S.C. 5596(c); Pub. L. 100-202.

    4. In section 550.803, the definition of ``grievance'' is revised 
to read as follows:


Sec. 550.803  Definitions

* * * * *
    Grievance has the meaning given that term in section 7103(a)(9) of 
title 5, United States Code, and (with respect to members of the 
Foreign Service) in section 1101 of the Foreign Service Act of 1980 (22 
U.S.C. 4131). Such a grievance includes a grievance processed under an 
agency administrative grievance system, if applicable.
* * * * *

PART 752--ADVERSE ACTIONS

    5. The authority citation for part 752 continues to read as 
follows:

    Authority: 5 U.S.C. 7504, 7514, and 7543.

    6. In section 752.203, paragraph (f) is revised to read as follows:


Sec. 752.203  Procedures

* * * * *
    (f) Grievances. The employee may file a grievance through an agency 
administrative grievance system (if applicable) or, if the suspension 
falls within the coverage of an applicable negotiated grievance 
procedure, an employee in an exclusive bargaining unit may file a 
grievance only under that procedure. Sections 7114(a)(5) and 7121(b)(3) 
of title 5 U.S.C., and the terms of any collective bargaining 
agreement, govern representation for employees in an exclusive 
bargaining unit who grieve a suspension under this subpart through the 
negotiated grievance procedure.
* * * * *

PART 771--AGENCY ADMINISTRATIVE GRIEVANCE SYSTEM [Removed]

    7. Part 771, consisting of Secs. 771.101 through 771.205, is 
removed.

PART 831--RETIREMENT

    8. The authority citation for part 831 continues to read as 
follows:

    Authority: 5 U.S.C. 8347: Sec. 831.102 also issued under 5 
U.S.C. 8334; Sec. 831.106 also issued under 5 U.S.C. 552a; 
Sec. 831.108 also issued under 5 U.S.C. 8336(d)(2); 
Sec. 831.201(b)(6) also issued under 5 U.S.C. 7701(b)(2); 
Sec. 831.204 also issued under section 7201(m)(2) of the Omnibus 
Budget Reconciliation Act of 1990, Pub. L. 105-508, 104 Stat. 1388-
339; Sec. 831.303 also issued under 5 U.S.C. 8334(d)(2); 
Sec. 831.502 also issued under 5 U.S.C. 8337; Sec. 831.502 also 
issued under section 1(3), E.O. 11228, 3 CFR 1964-1965 Comp.; 
Sec. 831.663 also issued under 5 U.S.C. 8339(j) and (k)(2); 
Secs. 831.664 also issued under section 11004(c)(2) of the Omnibus 
Budget Reconciliation Act of 1993, Pub. L. 103-66; Sec. 831.682 also 
issued under section 201(d) of the Federal Employees Benefits 
Improvement Act of 1986, Pub. L. 99-251, 100 Stat. 23; subpart S 
also issued under 5 U.S.C. 8345(k); subpart V also issued under 5 
U.S.C. 8343a and section 6001 of the Omnibus Budget Reconciliation 
Act of 1987, Pub. L. 100-203, 101 Stat. 1330-275; Sec. 831.2203 also 
issued under section 7001(a)(4) of the Omnibus Budget Reconciliation 
Act of Pub. L. 101-508; 104 Stat. 1388-328.

    9. In Sec. 831.204, paragraph (e)(2) is revised to read as follows:


Sec. 831.204  Elections of retirment coverage under the Portability of 
Benefits for Nonappropriated Fund Employees Act of 1990.

* * * * *
    (e) * * *
    (2) The procedures must not allow review under any employee 
grievance procedures, including those established by chapter 71 of 
title 5, United States Code.
* * * * *

PART 842--FEDERAL EMPLOYEES RETIREMENT SYSTEM--BASIC ANNUITY

    10. The authority citation for part 842 continues to read as 
follows:

    Authority: 5 U.S.C. 8461(g); Sections 842.104 and 842.106 also 
issued under 5 U.S.C. 8461(n); Sec. 842.105 also issued under 5 
U.S.C. 8402(c)(1) and the 7701(b)(2); Sec. 842.106 also issued under 
sec. 7202(m)(2) of the Omnibus Budget Reconciliation Act of 1990, 
Pub. L. 101-508, and 5 U.S.C. 8402(c)(1); Sections 842.604 and 
842.611 also issued under 5 U.S.C. 8417; Section 842.607 also issued 
under 5 U.S.C. 8416 and 8417; section 842.614 also issued under 5 
U.S.C. 8419; section 842.615 also issued under 5 U.S.C. 8418; 
Sec. 842.703 also issued under sec. 7001(a)(4) of the Omnibus Budget 
Reconciliation Act of 1990, Pub. L. 101-508; section 842.707 also 
issued under section 6001 of the Omnibus Budget Reconciliation Act 
of 1987, Pub. L. 100-203; section 842.708 also issued under section 
4005 of the Omnibus Budget Reconciliation Act of 1989, Pub. L. 101-
239 and section 7001 of the Omnibus Budget Reconciliation Act of 
1990, Pub. L. 101-508; subpart H also issued under 5 U.S.C. 1104.

    11. In Sec. 842.106, paragraph (e)(2) is revised to read as 
follows:


Sec. 842.106  Elections of retirement coverage under the Portability of 
Benefits for Nonappropriated Fund Employees Act of 1990.

* * * * *
    (e) * * *
    (2) The procedures must not allow review under any employee 
grievance procedures, including those established by chapter 71 of 
title 5, United States Code.
* * * * *
[FR Doc. 94-29828 Filed 12-2-94; 8:45 am]
BILLING CODE 6325-01-M